L. Steven Grasz

L. Steven Grasz
Judge of the United States Court of Appeals for the Eighth Circuit
Assumed office
January 3, 2018
Appointed by Donald Trump
Preceded by William J. Riley
Chief Deputy Attorney General of Nebraska
In office
January 1991  May 2002
Attorney General Don Stenberg
Personal details
Born Leonard Steven Grasz
(1961-11-01) November 1, 1961
Chappell, Nebraska, U.S.
Political party Republican
Education University of Nebraska–Lincoln (BS, JD)

Leonard Steven Grasz (born November 1, 1961)[1] is an American lawyer and a United States Circuit Judge of the United States Court of Appeals for the Eighth Circuit.

Biography

Grasz received his Bachelor of Science, cum laude, in agriculture from the University of Nebraska-Lincoln in 1984. He received his Juris Doctor degree from the University of Nebraska College of Law in 1989, where he was inducted into the Order of the Coif, served as the executive editor of the Nebraska Law Review, and received the Roscoe Pound Award for his selection as top oral advocate in his class.[2]

Prior to joining the law firm of Husch Blackwell, Grasz spent over eleven years as the state of Nebraska's Chief Deputy Attorney General, where he oversaw the Nebraska Attorney General's Office's civil and appellate practice in state and federal courts, the state's official Attorney General's Opinions, and the representation of state constitutional officers and legislators.[2] While serving as Nebraska's Chief Deputy Attorney General, Grasz authored nine briefs in the U.S. Supreme Court and served as counsel of record before the Supreme Court in Stenberg v. Carhart, in which he defended a state statute prohibiting partial-birth abortion.[3]

Before joining the Attorney General's Office, Grasz spent two years as an associate at Kutak Rock and one year as a legislative assistant to Congresswoman Virginia D. Smith.[2] While in private practice, Grasz challenged a state constitutional provision restricting ownership of agricultural land under the Commerce Clause.[3]

Grasz has litigated before the Supreme Court of the United States, the United States Court of Appeals for the Eighth Circuit, and the Nebraska Supreme Court.[3]

Federal judicial service

On August 3, 2017, President Donald Trump nominated Grasz to serve as a United States Circuit Judge of the United States Court of Appeals for the Eighth Circuit, to the seat vacated by Judge William J. Riley, who assumed senior status on June 30, 2017.[4] On November 1, 2017, a hearing on his nomination was held before the Senate Judiciary Committee.[5]

In October 2017, the American Bar Association's Standing Committee on the Federal Judiciary, an entity which rates judicial nominees, unanimously voted to give Grasz a "not qualified" rating for the position. In a statement, the chair of the ABA's standing committee that reviews nominees said that Grasz's "temperament issues, particularly bias and lack of open-mindedness, were problematic".[6][7][8][9][10][11] Grasz was the first nominee to receive a unanimous 'not qualified' rating since 2006 and only the second nominee to since 1989 to be found unanimously not qualified.[12] Nebraskan senators Ben Sasse and Deb Fischer defended Grasz's reputation and accused the ABA of conducting a biased evaluation "based on limited facts."[13][14]

On November 15, 2017, Pamela Bresnahan, the chair of the ABA's Standing Committee on the Federal Judiciary, testified before the U.S. Senate in order to explain the organization's vetting of Grasz. In his confirmation hearing, Grasz had testified that the ABA's review process was unprofessional.[15] On November 30, 2017, Senate Judiciary Committee Chairman Chuck Grassley stated that follow-up materials from Grasz "appear to indicate that the ABA relied on faulty information in their evaluation." Upon the request of the Senate Judiciary Committee Ranking Member Dianne Feinstein, the committee vote on Grasz's nomination was delayed for one week.[16][17]

On December 7, 2017, his nomination was reported out of committee by a 11–9 vote.[18] On December 11, 2017 the Senate voted 48–47 to invoke cloture on his nomination.[19] On December 12, 2017, the full United States Senate voted 50–48 in favor of confirmation; the vote was along party lines with Senators John McCain and Thad Cochran abstaining from the vote.[20][21] He received his judicial commission on January 3, 2018.

Memberships

In 2017 Grasz was part of the state chapter of the Federalist Society, joining the Nebraska Lawyers Chapter Steering Committee.[22]

See also

References

  1. "United States Senate Committee on the Judiciary: Questionnaire for Judicial Nominees: Leonard Steven Grasz" (PDF).
  2. 1 2 3 "President Donald J. Trump Announces Sixth Wave of Judicial Candidates and Fifth Wave of U.S. Attorney Candidates", White House, August 3, 2017 This article incorporates text from this source, which is in the public domain.
  3. 1 2 3 Severino, Carrie (August 4, 2017). "Who is Steve Grasz?". National Review. Retrieved September 25, 2017.
  4. "Eighteen Nominations Sent to the Senate Today – The White House".
  5. "United States Senate Committee on the Judiciary". www.judiciary.senate.gov.
  6. Min Kim, Seung (October 30, 2017). "ABA deems another Trump judicial nominee 'not qualified'". Politico. Retrieved October 30, 2017.
  7. Lawrenz Fare, ABA committee gives 8th Circuit nominee 'not qualified' rating, Jurist (November 1, 2017).
  8. Debra Cassens Weiss, ABA committee explains its 'not qualified' rating for 8th Circuit nominee, ABA Journal (October 31, 2017).
  9. Women of Justice: Reflections, 18 Harv. Women's L.J. 1, 2 (1995)
  10. "Senate Approves New DC District Judge – Law360". www.law360.com.
  11. "ABA Judicial Ratings Remain In GOP Senators' Crosshairs – Law360". www.law360.com.
  12. Ryan, Tim (December 7, 2017). "Senate Panel Advances Nominations of 10 Federal Judges". Courthouse News Service. Retrieved December 12, 2017.
  13. Sasse, Ben; Fischer, Deb (November 5, 2017). "Deb Fischer and Ben Sasse: Grasz deserves seat on court". Omaha World-Herald. Retrieved December 12, 2017.
  14. "Senate OKs Trump's 8th Circ. Pick Despite ABA Rating – Law360". www.law360.com.
  15. Schneier, Cogan (November 15, 2017). "Cruz Rails Against ABA Vetting Amid Confusion About 8th Circuit Nominee". The National Law Journal. Retrieved December 3, 2017.
  16. "Prepared Statement by Senator Chuck Grassley of Iowa, Chairman, Senate Judiciary Committee, Executive Business Meeting, November 30, 2017" (PDF).
  17. Morton, Joseph (November 30, 2017). "Senate panel delays consideration of Omaha attorney Steve Grasz's nomination". Omaha World-Herald. Retrieved December 3, 2017.
  18. "Results of Executive Business Meeting – December 7, 2017, Senate Judiciary Committee" (PDF).
  19. "U.S. Senate: U.S. Senate Roll Call Votes 115th Congress – 1st Session". www.senate.gov.
  20. "Leonard Steven Grasz, Trump judicial pick rated as "not qualified," OK'd by Senate".
  21. "U.S. Senate: U.S. Senate Roll Call Votes 115th Congress – 1st Session". www.senate.gov.
  22. "Questionnaire for Judicial Nominees" (PDF). judiciary.senate.gov. Retrieved June 30, 2018.
Legal offices
Preceded by
William J. Riley
Judge of the United States Court of Appeals for the Eighth Circuit
2018–present
Incumbent
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